the driver fell asleep at the wheel of a car, lack of sleep and fatigue

A lot of times people come to me for a second opinion or to have me take over their case. The complaint many people have about their attorney is not about billable hours. Rather, the chief complaint I hear is, “My attorney is asleep at the wheel and neglecting my case.”

Is he/she, though?

The strategy in boxing is to wear down your opponent. Have him throw a lot of punches until he’s totally drained. He may think he is beating you, but you have saved your energy for the very end, when you throw a flurry of final punches, and win the match. 

Is your attorney really neglecting your case or do they have a worthwhile strategy of wearing the other side down? Could it be that they are restraining and exerting effort at the right times and places to be most efficient and cost-effective for your case?   

Your attorney may be mishandling your case, but not necessarily, and it is critical to know the difference. 

Another area where people may get the impression that their attorney may be asleep at the wheel is the period of pre-court discovery motions. Discovery is an extremely expensive process, and because of that a lot of attorneys will ignore any discovery responses or demands until they are actually in court. I have come across attorneys that are like that — any pre-court discovery requests end up being a waste of time and money because the other side will only respond to the authority of the court. In my practice, I have learned how not to waste time and money with attorneys like this. 

Another expensive and labor-intensive process is the taking of depositions. Attorneys will avoid depositions as much as possible. Often people going through divorce hear about the experiences of their friends and family, and wonder why they haven’t been deposed. This is another example of your attorney putting your needs first by avoiding expenses that end up serving no purpose.

No matter what strategy your attorney is using, you should be in on it. Give the word “strategy” some space in your brain, and make sure you stay updated on how it’s going. Together, you and the attorney of your choosing can work smart instead of working costly and hard. 

You may contact The Law & Mediation Offices of Cheryl Stein to learn more about your case.

Cheryl Stein, Esq.
The Law and Mediation Offices of Cheryl Stein
745 Fifth Avenue, Suite 500
New York, NY 10151
Phone: (646) 884-2324